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Power of entry for tag breach


guysey1228

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Might be a silly one but I can't find a power of entry in order to arrest someone for breach of court bail, that being to abide by a curfew using a GPS tag. The closest power I can find is under s.17 PACE, which carries a power of entry to arrest someone unlawfully at large. I've seen some amendments might take place at some point - clause 52 of s.17 is proposed to carry a power of entry to arrest for breach of pre- or post- sentence court bail breaches but it doesn't appear to be law yet. Can anyone clarify whether we have a power of entry if we know 100% someone who has breached their tag curfew is inside their home address? 

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SimonT

No power of entry for breach of court bail. That's it. 

Because the law is super old and wonkey 

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Sceptre
1 hour ago, SimonT said:

No power of entry for breach of court bail. That's it. 

Because the law is super old and wonkey 

I'm sorry but this is not correct. A power of entry was created by the Policing and Crime Act 2017 for breach of either police or court bail, S17(1)(cab). It is on legislation.gov and the PNLD and certainly is law. 

(cab) of arresting a person under any of the following provisions—

(i)section 30D(1) or (2A);

(ii)section 46A(1) or (1A);

(iii)section 5B(7) of the Bail Act 1976 (arrest where a person fails to surrender to custody in accordance with a court order);

(iv)section 7(3) of the Bail Act 1976 (arrest where a person is not likely to surrender to custody etc);

(v)section 97(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (arrest where a child is suspected of breaking conditions of remand);

 

S7(3) Bail Act:

(3)A person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court may be arrested without warrant by a constable—

(a)if the constable has reasonable grounds for believing that that person is not likly to surrender to custody;

(b)if the constable has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or

(c)in a case where that person was released on bail with one or more surety or sureties, if a surety notifies a constable in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.

Edited by Sceptre
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On 04/12/2020 at 16:45, Sceptre said:

I'm sorry but this is not correct. A power of entry was created by the Policing and Crime Act 2017 for breach of either police or court bail, S17(1)(cab). It is on legislation.gov and the PNLD and certainly is law. 

(cab) of arresting a person under any of the following provisions—

(i)section 30D(1) or (2A);

(ii)section 46A(1) or (1A);

(iii)section 5B(7) of the Bail Act 1976 (arrest where a person fails to surrender to custody in accordance with a court order);

(iv)section 7(3) of the Bail Act 1976 (arrest where a person is not likely to surrender to custody etc);

(v)section 97(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (arrest where a child is suspected of breaking conditions of remand);

 

S7(3) Bail Act:

(3)A person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court may be arrested without warrant by a constable—

(a)if the constable has reasonable grounds for believing that that person is not likly to surrender to custody;

(b)if the constable has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or

(c)in a case where that person was released on bail with one or more surety or sureties, if a surety notifies a constable in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.

Thank you, very interesting and helpful

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SimonT
On 04/12/2020 at 16:45, Sceptre said:

I'm sorry but this is not correct. A power of entry was created by the Policing and Crime Act 2017 for breach of either police or court bail, S17(1)(cab). It is on legislation.gov and the PNLD and certainly is law. 

(cab) of arresting a person under any of the following provisions—

(i)section 30D(1) or (2A);

(ii)section 46A(1) or (1A);

(iii)section 5B(7) of the Bail Act 1976 (arrest where a person fails to surrender to custody in accordance with a court order);

(iv)section 7(3) of the Bail Act 1976 (arrest where a person is not likely to surrender to custody etc);

(v)section 97(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (arrest where a child is suspected of breaking conditions of remand);

 

S7(3) Bail Act:

(3)A person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court may be arrested without warrant by a constable—

(a)if the constable has reasonable grounds for believing that that person is not likly to surrender to custody;

(b)if the constable has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or

(c)in a case where that person was released on bail with one or more surety or sureties, if a surety notifies a constable in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.

I literally had to use this legislation thus week. Thanks for letting me know otherwise my advice would have been entirely wrong. 

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Sceptre
1 hour ago, SimonT said:

I literally had to use this legislation thus week. Thanks for letting me know otherwise my advice would have been entirely wrong. 

You're welcome, gives me a warm fuzzy feeling to think a post on here might have contributed to someone spending their weekend in the cells! 

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SimonT
On 13/12/2020 at 15:44, Sceptre said:

You're welcome, gives me a warm fuzzy feeling to think a post on here might have contributed to someone spending their weekend in the cells! 

They were hiding in the loft. Exactly as they did the last time. 

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  • 3 weeks later...
Jamie1983

I have a regular breach of court bail offender on my ground. They are on a tagged curfew, breach it everyday. Had to ring the skipper to be sure we could enter and arrest her (we saw her inside through the window). 

I take it we were right to enter then under this power?

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  • 1 month later...
Jamie1983

Does this power also apply to arresting someone you know if inside their dwelling for failing to appear at court (not breach of court bail but a failure to attend a court hearing)?

Does it make a difference if it is magistrates or crown court?

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Sceptre

Someone who fails to appear would generally be wanted on warrant. There is an offence of absconding on bail, but it's rarely used in my experience. 

Read S7(3) Bail Act to understand the powers of arrest - wherever a power exists, so does a power of entry. It uses the phrase "bail in criminal proceedings", which applies to both magistrates' and Crown court as well as police to court bail.

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